Capital One Default Notice - Real or Scare Tactic????

[confusedmum]

Hi

 

Ihave recieved this in the post today, Getting rather pig sick as this is the 2nd company in 2 days deciding to get heavy even since Marlin decided to issue a stat demand!!! Feel like they are all jumping on the bandwagon!!!

 

They agreed to a repayment plan through my DMC, and has been running for about 2 years with no problems etc, So don't understand why they are now defaulting it when they agreed to it.

 

Is this a proper default notice or one of their templated things to scare?? Should I CCA them???

 

Thanks

 

 

 

 

Edited September 16, 2008 by confusedmum
left ref no on

[42man]

Cancel off the reference number CM....!!!

[confusedmum]

Cancel off the reference number CM....!!!

 

thank you I missed that

[babybear39]

Looks like they're serious, but it's not an actual default notice, it's a threat. Report them to TS and the OFT for threatening you with a default notice even though you're keeping to an arrangement via your DMP.

 

Also contact your DMC ASAP.

[OnMyWayOut]

What they are doing here is to use a clause in the Ts & Cs to raise a default. There appears to be a clause that says they can default you for entering into a payment arrangement with your creditors - it's that they are threatening to default you against, not your payment history with the DCA. Have they provided a valid CCA, because if not they probably can't use this clause anyway.

[confusedmum]

Thanks Babybear

 

I have contacted my DMC and said can they do this after they agreed the repayment plan, my DMC's reply "Creditors can accept offers but are still within their rights to issue a default (this does not mean they will cancel an agreement). "

[babybear39]

CCA them.

[babybear39]

Out of interest, which DMC are you using?

[confusedmum]

What they are doing here is to use a clause in the Ts & Cs to raise a default. There appears to be a clause that says they can default you for entering into a payment arrangement with your creditors - it's that they are threatening to default you against, not your payment history with the DCA. Have they provided a valid CCA, because if not they probably can't use this clause anyway.

 

Thank onmywayout

 

I have no CCA I didn't even know about requesting one till i joined here a couple of weeks ago, . I have just drafted one though and am off to the post office in a sec.

[confusedmum]

Out of interest, which DMC are you using?

 

Kensington Financial Management

[confusedmum]

Hi

 

I have received this letter today about the same account ????

 

 

[babybear39]

Basically, they're threatening you with a default if you don't bring the account upto date within 6 months. They are offering you the option of a longterm repayment plan with interest frozen but with a default entered on you credit file.

 

As I mentioned in post #7, CCA them to see if they have an enforceable agreement.

[confusedmum]

I am still waiting to hear if they have accepted the payment plan or not and also still waiting on my request of the CCA

but have had no further letter from them either since that last one

[confusedmum]

CCA request now received, the covering letter says nothing about it being signed etc!!!! which is what i asked for (in CCA request)

 

Would someone please take a look and let me know what you think.....

 

 

 

 

 

but there is no signature on it, but it looks like a fresh printed one, should I write back to them ???? they have also included there T&C booklet, or does this mean they don't have a signed one?? Or could suddenly spring one later on ??

[Gazza112]

Hi confusedmum

 

Capital 1 are having laugh ain't they, this is no CCA saying that i'm still waiting for my one. The previous letters saying there going to default you i received the same letters.

There probably be someone along with more info than i know who can guide you next to what to do.

 

Gaz

[sunflower99]

Hi confusedmum! I got the same response to my cca request as you did as well! and the next day after day that arrived through the post they sent me a default notice same as yours!They must have sent default notice straight after they sent me that rubish cca ! I wonder now if they are trying to default me to get rid of me as they know they have not got an original enforceable cca!I am till fairly new to this forum! but understand that providing ccas like this they have not got a leg to stand on!

Edited October 18, 2008 by sunflower99

[Gazza112]

Hi Sunflower99

 

Know there's a thought, Cut all there legs off:eek:.

 

Gaz

[sunflower99]

Hi Gazza! Cut of their legs! Thats a good idea!

[alfwithhair]

I received one of these 'Notices' this morning too. I too have been making reduced payments and have never missed one, but they say I have broken the agreement?

[Gazza112]

Hi Sunflower99

 

Well, i won't be getting any hassle from them soon.

I've worked out a plan;). I'm going to purchase a submerine:D.

That way they can't phone or send letters, unless they hire a postie who's a frogman:eek:.

 

Gaz

[creditcardmug]

This is the same rubbish they always send out in response to a CCA request, the so called Default Notice at the beginning of your thread is also invalid for a lot of reasons.

 

No amount of arguing with them seems to make any difference, they finally sold mine to Fredericksons, i sent the acc in dispute letter and have heard nothing for many months.

[confusedmum]

lmao! lol i changed my phone number and none of the creditors have the new telephone number, so i managed to stop the phone calls.

 

So the CCA they've sent a so called copy of copy of does that mean they do not have a signed one ???

[Gazza112]

Hi confusedmum

 

Just wanted to ask, when you sen't the letter of for your CCA.

Did you sign the letter, the reason i say this is i've received a letter Capital 1, saying they can't process my complaint as i never signed my letter asking for my CCA.. Warning bells are ringing i think.

 

Gaz

[creditcardmug]

Hi confusedmum

 

Just wanted to ask, when you sen't the letter of for your CCA.

Did you sign the letter, the reason i say this is i've received a letter Capital 1, saying they can't process my complaint as i never signed my letter asking for my CCA.. Warning bells are ringing i think.

 

Gaz

Dont provide your signature, they have been known to be "creative" with them, write to say they have been happy to write to you in the past so they know you are at the address, if necessary send a copy of a recent utility bill to prove you live there.

[Gazza112]

Hi creditcardmug

 

Cheers for that, no i never sign any of the letters i send.

I'll send them a reminder in the post, but i have been receiving quiet a few missed phone calls on my mobile lately.

 

Gaz